FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,234
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and upgrading of facilities and services for which the support is intended.'"5 To implement this statutory
requirement, the Commission has adopted various certification and data filing requirements.6
3. In the 2005 ETC Designation Order, the Commission amended its rules to permit newly
designated ETCs to be eligible for high-cost universal service support as of their ETC designation date,
provided that the required certifications and line-count data are filed within 60 days of such designation
date.7 If the required line count data and certifications are not filed within these time frames, a newly
designated ETC will not receive support as of its ETC designation date; instead, it will receive support on
a going-forward basis according to the schedule for other ETCs (i.e., those not newly designated).8
4. The Waiver Petitions. The Commission, in approving Verizon Wireless's acquisition of
ALLTEL Corporation in 2008, required Verizon Wireless to divest business units in a number of markets
across the country.' Allied Wireless acquired certain of those assets, including, as relevant here, assets in
Georgia, in a transaction that closed on April 26, 2010.0 Prior to the close of that transaction, on April
15, 2010, Allied Wireless filed a petition for designation as an ETC with the Georgia Public Service
Commission (Georgia PSC); in a filing made on August 9, 2010, Allied requested that its designation be
made effective retroactive to the date the Verizon Wireless-Allied transaction closed on April 26, 2010."
Georgia RSA #8's petition was filed three months later, on July 14, 2010.12 On September 21, 2010, the
Georgia PSC adopted orders designating petitioners as ETCs; the orders were released on October 14,
2010.33 The Georgia PSC granted petitioners' request to make the effective date of petitioners' ETC
designations retroactive to April 26, 2010.'
6 See, e.g., 47 C.F.R. 54.301(b) and (e)(1) (data filings requirements for Local Switching Support), 54.307
(competitive ETC line count filing requirements for Interstate Common Line Support (ICLS) and other high-cost
support), 54.313 (state certification requirements regarding the use of high-cost support by non-rural carriers),
54.314 (state certification requirements regarding the use ofhigh-cost support by rural carriers), 54.802(a) (ETC line
count filing requirements for Interstate Access Support (IAS)), 54.809 (carrier certification requirements regarding
the use of IAS), 54.903 (data filing requirements for ICLS), 54.904 (carrier certification requirements regarding the
use of ICLS).
7 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 20 FCC Red 6371,
6411, para. 92 (2005) (ETC Designation Order). Under section 54.307(d) of the Commission's rules, newly
designated ETCs have 60 days from the date of their designation to file line count data. See 47 C.F.R. 54.307(d).
Under sections 54.313(d)(3)vi) and 54.314(d), certifications must be filed on behalf of the newly designated ETCs
by the relevant state commission or by the ETC within 60 days of the effective date of its designation. See 47
C.F.R. 54.313(d)(3)(vi), 54.314(d). Under sections 54.809(c) and 54.904(d), the newly designated carrier must
file its own required self-certifications when it first files line counts. See 47 C.F.R. 54.809(c), 54.904(d). Prior
to the ETC Designation Order, newly designated ETCs were subject to the same filing schedules as other ETCs.
nSee ETC Designation Order, 20 FCC Red at 6411, para. 92.
"See Applications of Atlantic Tele-Network Inc. and Cellco Partnership d'b/a Verizon Wireless for Consent to
Assign or Transfer Control of Licenses and Authorizations, WT Docket No. 09-119. Memorandum Opinion and
Order, 25 FCC Red 3763, 3764, paras. 1-2 (2010).
1 See Allied Wireless Petition at I n. i. 2-3.
' See Allied Wireless Petition at 3, Ex. I at 5.
12 See Georgia RSA #8 Petition, Ex. I at 2. Georgia RSA #8 sought retroactive designation in its initial petition to
the Georgia PSC.
13 See Allied Wireless Petition at 3, Ex. I: Georgia RSA #8 Petition at 4, Ex. 1.
" See Allied Wireless Petition at 3, Georgia RSA #8 Petition at 3.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/406/: accessed October 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.